High Court Patna High Court - Orders

Rajjan Singh @ Ranjan Singh vs The State Of Bihar & Ors on 30 August, 2011

Patna High Court – Orders
Rajjan Singh @ Ranjan Singh vs The State Of Bihar & Ors on 30 August, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Civil Writ Jurisdiction Case No.2643 of 2007
                     RAJJAN SINGH @ RANJAN SINGH, SON OF LATE RAM
                     RATAN SINGH RESIDENT OF VILLAGE POTHAHI, P.O.
                     BASUHAR, P.S. PUNPUN, DISTRICT PATNA, PRESENTLY
                     WORKING AS JUNIOR MECHAINIC GRADE-2 UNDER
                     EXECUTIVE        ENGINEER            (MECHAINICAL),  ROAD
                     CONSTRUCTION DIVISION, ARRAH.
                                                 Versus
                     1. THE STATE OF BIHAR
                     2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR,
                        OLD SECRETARIAT, PATNA.
                     3. THE      SECRETARY,             ROAD    CONSTRUCTION
                        DEPARTMENT, BIHAR, VISHWASARAIA BHAWAN,
                        PATNA.
                     4. THE       CHIEF          ENGINEER       (MECHAINICAL)
                        MECHAINICAL WING, ROAD CONSTRUCTION
                        DEPARTMENT, BIHAR, VISHWASARAIA BHAWAN,
                        PATNA.
                     5. THE ENGINEER IN CHIEF CUM ADDITIONAL
                        SECRETARY, ROAD CONSTRUCTION DEPARTMENT,
                        BIHAR, VISHWASARAIA BHAWAN, PATNA.
                     6. THE SUPERINTENDING ENGINEER, MECHAINICAL
                        CIRCLE ROAD CONSTRUCTION DEPARTMENT,
                        VISHWASARAIA BHAWAN, PATNA.
                     7. THE EXECUTIVE ENGINEER (MECHAINICAL)
                        MECHAINICAL DIVISION, ROAD CONSTRUCTION
                        DEPARTMENT, ARRAH, NEAR HEAD POST OFFICE,
                        ARRAH.
                     8. THE FINANCE SECRETARY, GOVERNMENT OF
                        BIHAR, OLD SECRETARIAT, PATNA.
                                           ----------------

03. 30.08.2011 Heard learned counsel for the petitioner and

the State.

2. Petitioner is aggrieved by the office order

no.40 bearing Memo No.239 dated 17.10.2006,

Annexure-3 whereunder the Superintending Engineer,

Mechanical Circle, Road Construction Department,

Patna has cancelled the promotion granted to the

petitioner on the post of Junior Mechanic Grade II and
2

allowed him first, second time bound promotion with

effect from 1.4.1981, 21.03.1991 respectively in the

scale admissible to Mechanic Helper on the ground that

promotion of the petitioner on the post of Junior

Mechanic Grade II was made while he remained in the

work charge establishment and no promotion is

permissible to the employee, who remains in the work

charge establishment.

3. Counsel for the petitioner submitted that

the very foundation of the order dated 17.10.2006,

Annexure-3 that promotion of the petitioner on the post

of Junior Mechanic Grade II was allowed when he was

in the work charge establishment is incorrect. In this

connection, it is pointed out that petitioner along with

others was regularized in the regular establishment on

the post of Mechanic Helper under order bearing

Memo No.1276 dated 4.5.1979 with effect from

1.10.1978, Annexure-1. After regularization of the

petitioner in the regular establishment on the post of

Mechanic Helper with effect from 1.10.1978 his case

was considered for grant of promotion as Junior

Mechanic Grade II under office order no.296 dated
3

8.9.1979 bearing Memo No.2413 dated 8.9.1979,

Annexure-2 and petitioner along with others was

allowed promotion as Junior Mechanic Grade-II with

effect from 1.10.1979. It is thus evident that petitioner

was allowed promotion as Junior Mechanic Grade II

under Memo No.2413 dated 8.9.1979 with effect from

1.10.1979 after he was already regularized in the

regular establishment under order dated 4.5.1979 with

effect from 1.10.1978. In the circumstances, impugned

order dated 17.10.2006 Annexure-3 cancelling the

promotion of the petitioner suffers from the vice of

arbitrariness and is, accordingly, quashed. Petitioner

having superannuated during the pendency of the writ

petition i.e. 30.09.2007, the Superintending Engineer is

directed to ensure payment of the retiral dues treating

the petitioner to have superannuated on the post of

Junior Mechanic, Grade-II after granting him all

consequential relief.

4. The writ application is, accordingly,

disposed of.

( V. N. Sinha, J.)
Rajesh/